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BEPAT v. CHANDLER

2 A.D.3d 764 (2003)

769 N.Y.S.2d 731

YONGWATTIE BEPAT et al., Respondents, v. GREGORY CHANDLER, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 29, 2003.

Ordered that the order is affirmed, with costs.

While a motion for leave to renew is generally based upon the discovery of material facts which were unknown to the movant at the time of the original motion (see CPLR 2221 [e] [2]), the Supreme Court has the discretion to grant renewal even upon facts known to the movant at that time (see J. D. Structures v Waldbaum, 282 A.D.2d 434 [2001]). Under the circumstances of...

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